Bill Text: NY A05395 | 2019-2020 | General Assembly | Amended


Bill Title: Provides three options for the designation of sex by applicants for non-driver identification cards, drivers' licenses and learners' permits.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced) 2019-06-17 - print number 5395c [A05395 Detail]

Download: New_York-2019-A05395-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5395--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2019
                                       ___________

        Introduced  by  M.  of A. ORTIZ, DAVILA, PICHARDO, TAYLOR, MOSLEY, COOK,
          SEAWRIGHT, CARROLL, DE LA ROSA, QUART, GLICK, SIMOTAS,  REYES,  SIMON,
          LAVINE,  D'URSO,  CRUZ, DICKENS, O'DONNELL, ROMEO, EPSTEIN, GOTTFRIED,
          ARROYO, L. ROSENTHAL, BRONSON -- read once and referred to the Commit-
          tee on Transportation -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to  the  desig-
          nation of sex by applicants for non-driver identification cards, driv-
          ers' licenses and learners' permits

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 490 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 465 of the laws of 2012, the third undesig-
     3  nated paragraph as amended by chapter  248  of  the  laws  of  2016,  is
     4  amended to read as follows:
     5    2. Application. (a) Any person to whom a driver's license or learner's
     6  permit  has  not  been  issued  by  the  commissioner, or whose driver's
     7  license or learner's permit is expired, suspended,  revoked  or  surren-
     8  dered,  may  make application to the commissioner for the issuance of an
     9  identification  card.  The  commissioner  shall  ensure  that  space  is
    10  provided  on  the  application  so  that the applicant shall register or
    11  decline registration in the donate life registry for  organ  and  tissue
    12  donations  pursuant  to  section  forty-three  hundred ten of the public
    13  health law and that the following is stated on the application in  clear
    14  and conspicuous type:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05830-12-9

        A. 5395--C                          2

     1    "You  must  fill out the following section: Would you like to be added
     2  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
     3  tion'."
     4    The  commissioner  of  health shall not maintain records of any person
     5  who checks "skip this question". Except where the application is made in
     6  person or electronically, failure to check a box shall  not  impair  the
     7  validity of an application, and failure to check "yes" or checking "skip
     8  this  question" shall not be construed to imply a wish not to donate. In
     9  the case of an applicant under eighteen years  of  age,  checking  "yes"
    10  shall  not constitute consent to make an anatomical gift or registration
    11  in the donate life registry, except as otherwise  provided  pursuant  to
    12  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    13  three hundred one of the public  health  law.  Where  an  applicant  has
    14  previously  consented  to  make  an anatomical gift or registered in the
    15  donate life registry, checking "skip this question" or failing to  check
    16  a box shall not impair that consent or registration.
    17    (b) The identification card shall display the sex designation of M, F,
    18  or  X  as  certified  by the applicant, with no additional documentation
    19  required. The applicant may amend the sex designation of their identifi-
    20  cation card upon request.
    21    § 2. Subdivision 1 of section 502 of the vehicle and traffic  law,  as
    22  amended by chapter 465 of the laws of 2012, the third undesignated para-
    23  graph  as amended by chapter 248 of the laws of 2016, is amended to read
    24  as follows:
    25    1. Application for license. Application for a driver's  license  shall
    26  be  made to the commissioner. The fee prescribed by law may be submitted
    27  with such application. The applicant shall furnish such proof of identi-
    28  ty, age, and fitness as may be required by the commissioner. The license
    29  shall display the sex designation of M, F, or  X  as  certified  by  the
    30  applicant, with no additional documentation required.  The applicant may
    31  amend  the  sex designation of their driver's license upon request. Upon
    32  amendment of the sex designation, the change shall  be  made  consistent
    33  through all affiliated records within the control of the department. The
    34  commissioner  may  also  provide  that  the  application procedure shall
    35  include the taking of a photo  image  or  images  of  the  applicant  in
    36  accordance with rules and regulations prescribed by the commissioner. In
    37  addition, the commissioner also shall require that the applicant provide
    38  [his  or  her] such applicant's social security number and shall provide
    39  space on the application so that the applicant may register in  the  New
    40  York  state  organ  and  tissue donor registry under section forty-three
    41  hundred ten of the public health law with the following  stated  on  the
    42  application in clear and conspicuous type:
    43    "You  must  fill out the following section: Would you like to be added
    44  to the Donate Life Registry? Check box for 'yes'  or  'skip  this  ques-
    45  tion'."
    46    The  commissioner  of  health shall not maintain records of any person
    47  who checks "skip this question". Except where the application is made in
    48  person or electronically, failure to check a box shall  not  impair  the
    49  validity of an application, and failure to check "yes" or checking "skip
    50  this  question" shall not be construed to imply a wish not to donate. In
    51  the case of an applicant under eighteen years  of  age,  checking  "yes"
    52  shall  not constitute consent to make an anatomical gift or registration
    53  in the donate life registry, except as otherwise  provided  pursuant  to
    54  the  provisions  of  paragraph  (b) of subdivision one of section forty-
    55  three hundred one of the public  health  law.  Where  an  applicant  has
    56  previously  consented  to  make  an anatomical gift or registered in the

        A. 5395--C                          3

     1  donate life registry, checking "skip this question" or failing to  check
     2  a  box  shall  not  impair that consent or registration. In addition, an
     3  applicant for a commercial driver's license who will operate  a  commer-
     4  cial motor vehicle in interstate commerce shall certify that such appli-
     5  cant  meets  the  requirements to operate a commercial motor vehicle, as
     6  set forth in public law 99-570, title XII, and title 49 of the  code  of
     7  federal  regulations,  and  all  regulations  promulgated  by the United
     8  States secretary of transportation under the hazardous materials  trans-
     9  portation  act.  In  addition,  an  applicant  for a commercial driver's
    10  license shall submit a medical certificate at such intervals as required
    11  by the federal motor carrier safety improvement act  of  1999  and  Part
    12  383.71(h)  of  title  49  of the code of federal regulations relating to
    13  medical certification and in a manner prescribed  by  the  commissioner.
    14  For  purposes  of  this  section  and  sections five hundred three, five
    15  hundred ten-a, and five hundred ten-aa of this title, the terms "medical
    16  certificate" and "medical certification" shall mean a form substantially
    17  in compliance with the form set forth in Part 391.43(h) of title  49  of
    18  the code of federal regulations. Upon a determination that the holder of
    19  a commercial driver's license has made any false statement, with respect
    20  to  the application for such license, the commissioner shall revoke such
    21  license.
    22    § 3. This act shall take effect one year after it shall have become  a
    23  law. Effective immediately, the addition, amendment and/or repeal of any
    24  rule  or  regulation necessary for the implementation of this act on its
    25  effective date are authorized to be made and completed on or before such
    26  date.
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